Laws # 83- 17 of July 16, 1983, specifying the Waters.
The current law aims at implementing a national water policy tending
-ensuring a rational and planned use with a view to a better possible
satisfaction of the population and the national economy needs,
-ensuring the waters preservation against pollution, waste and overexploitation,
-preventing the harmful effects of water.
The hydraulic public property consists of:
-underground waters, fresh waters, mineral and thermal waters, superficial
-sea-waters demineralised by the State or on behalf of the State with a view to
-water streams beds, lakes, ponds, sebkhas and chotts together with the lands
and the vegetation within their bounds,
-works of mobilization, of transfer, of storage, of water drainage processing
and distribution, and generally speaking any hydraulic work together with its
dependencies carried out with a view to public interest by the State or on its
-alluvial deposits and touchdowns within the limits specified in the hereunder
The limits of water streams are determined by the flowing waters
height in filled bank before overflowing.
The limits of the main water streams, of sebkhas, of natural and
artificial lakes are set by legal proceedings, all prospective rights of
third-parties reserved, after an administrative inquiry.
When an oued abandons its bed and digs a new one, this latter
together with its determined limits, as specified in the above- mentioned
article 4, fall within the hydraulic public property.
The bed of the former oued may be distributed, once its prospective
improvement is being made, as a compensation to the land-owners of funds
occupied by the new bed, in the proportion of the value of the removed land to
each one of them.
If the former bed is not wholly abandoned by the waters or if the provisions
specified in the previous paragraph are not applicable, the land-owners of funds
crossed over by the new bed receive an allowance assessed as an expropriation
matter for public purpose.
The acts of the hydraulic public property administration entitles,
when they encroach upon the third parties to compensation determined as in an
expropriation matter for public purpose.
The use of water, in the sense of the current law, is understood with
a view to satisfying the needs of the populations drinking water, of public
health and of sanitation.
It is also understood with a view to satisfying the water needs of agriculture
and industry, as well as any other need proceeding, in general, from human
The population supply with drinking water in sufficient quantity, for
house work needs and hygienic satisfaction, is a permanent State objective and a
The right to use the hydraulic public property may be vested onto any
physical person and onto any legal entity of public or private law, in the fixed
conditions of the hereunder articles.
The hydraulic public property users are entitled parties within the
determined bounds of the current law and the subsequent texts.
Inside the protection perimeters, the administration is entitled to
undertake, at any time and any place, any observation, measure and control
intended for following up the qualitative and quantitative development of water
The use of water is commanded by the following preferential order:
-the satisfaction of the population drinking water needs and the livestock
-the satisfaction of agriculture needs,
-the satisfaction of industry needs.
The right of use grants its holder the disposal of a water flow or
volume assessed on the basis of the hydro-climate data of an average year. It
also grants him the right to know the quality of the available water.
The target right of the here-above article 13 sets, however, bounds
in case of default of the mobilization and water bringing works, climate factors
shortage and, in a general manner, of an unpredictable insufficiency of the
water flow and volume to be delivered.
In these cases, the administration involved has the faculty to decide the
automatic reduction of water quantities due to each user and to set a different
reduction rate according to an adapted preferential order, fixed by the
The water users have the right to exploit it only within the bounds
of the goal for which it is designed for.
The users are expected:
-to make use of water in a rational and economical manner,
-to comply with the dispositions relative to the implementing and exploiting
conditions of hydraulic works,
-to see to the water quality,
-to comply with the rights of the other water users,
-to abstain from causing prejudice to the economic and natural objects,
-to submit oneself to the counting of water to the conditions in which it is
The water use rights may be subject to reconsideration as regards the
evolution of the global state of water resources available and as such, on the
basis of the priorities defined in Article 12 of the present decree, of the real
needs together with a maximum appreciation of the water cubic meter.
This reconsideration may notably intervene within the framework of the design of
the hydraulic harnessing integrated program of the considered zone.
Any owner has the right of using and displaying the raining waters
that fall on his funds.
In case of funds transfer, the right of use is transferred to the new
owner who must declare this transfer within six (6) months dated from the change
In case of beneficiary funds breaking up the division of waters between the
related patches must be subject to new rights of use replacing the originating
The hydraulic public property use qualifies, in any case, for
In the sense of the present law, concession is understood:
-as an act of public law with which the administration entrusts a legal entity
to supply a public utility service. In this capacity, it may only be considered
in favor of public institutions and enterprises together with the local
-as an administrative contract signed between the administration and a physical
or legal entity of public or private law with a view to using the hydraulic
The hydraulic public property concession is precarious and revocable
in full right. It is withdrawn notably in the case of the users non-observance
of the obligations that result from the dispositions of the present law.
Notwithstanding the dispositions of Article 41 held in the 103-03 law
of February 3, 19 relating to the protection of the environment, the hydraulic
public property enjoyment operations are subject to the concession system,
-the use or consumption of water,
-the hydraulic public property use, including the temporary occupation,
-the water research and harnessing works,
-the rejections and the deposits in the hydraulic public property,
-the extraction of materials.
Is subject to simple authorization, within urban zones, the
realization of wells for personal or family usage intended for human
In any case, the authorization delivery or the motivated refusal must be
Two months (2). In the absence of a reply within the fixed deadline of the
previous paragraph, the applicant is entitled to undertake the realization of
his work. The terms of the authorization delivery will be determined by the
The refusal of an authorization for a hydraulic public property use
must be motivated. The concession demands are refused if the needs to be
satisfied are not justified, if their satisfactions bring prejudice to the
quantitative and qualitative protection of water resources, if they encroach
upon the national economy interests or if they are contrary to the third parties
rights, duly established.
The administration is entitled:
-to set bounds to the flow when its usage is conceded to the real quantities of
Necessary for the adopted program of utilization,
-to require from the user to reduce provisionally the deducted flows with a view
to facilitate the general interest works on public waters,
-to decide, if justified for public interest, the regularly conceded facilities
suppression or modification.
The user has the right for compensation corresponding to the value of the
The concession is modified, reduced or revoked, at any period with no
compensation, either for the interest of public salubrity or for preventing or
even stopping floods or because of non-compliance with the articles it contains.
In case of breach of the legislative and regulation provisions in force, the
revocation is pronounced in full right, with no prejudice for legal actions.
The administration is entitled to take decisions, at the users
-the modification of works in non-conformity with the concession conditions,
-the demolition of undertaken works without authorization or, in case of
forfeiture, of the concession and the premises primitive reconditioning.
In case of calamity, the conceded waters are, without authorization,
utilized for fighting casualties and for safeguarding persons and properties.
The concession nature and procedure of the hydraulic public property
as well as the content and the drawing up conditions of the concession act are
fixed by regulatory channels.
Water streams, lakes, ponds, sebkhas and chotts residents are subject
to, within a three (3) meters breadth limit and as from the limits fixed in the
above-mentioned Article 4, the administration material free-crossing.
This free-crossing constitutes a free-board easement of public utility. The
personnel of the administration, the contractors and the workers in charge of
these works have a permanent access right to the subjected zones. Within the
liable zones to easement, any new construction and any elevation of a fixed
closure is forbidden.
The administration may request the felling of trees as well as the
demolition of any fabric existing on the subjected zones, provided that the
entailed damages are redressed.
However the constructions existing at the publication date of the regulatory
text fixing the water streams limits in the constrained zones may be maintained
and repaired provided that , first the exterior dimensions are not raised, and
second that the materials used are not the same as those previously implemented.
In case the administration deems insufficient the constraints
referred to in the above-mentioned Article 31 and wants to establish, in the
residents zones of the hydraulic public property, a path under the constant
conditions of viability, it may, in default of the residents express consent,
acquire the required land for the establishment of the path by public utility
expropriation means, in conformity the laws in force.
The holding zone necessary for the installation, the exploitation and
the maintenance of adduction works, of irrigation networks or of agricultural
draining, and of any other hydraulic work is fixed, in each case, by regulatory
The holding zone may be subject to, either an expropriation for
public utility, or a temporary occupation and, in this latter case, stands in
favor of the concerned residents for full repairing of the resulting damage.
Within this zone, any new construction, any fixed fence elevation, any
plantation, any new cultivation is subject to the administration authorization.
For all or part of these existing elements at the date of the authorization
foreseen at the preceding article, the administration may order its suppression
The residents are also expected to receive the products of the adduction
channels, irrigation and drainage over a five (5) meters large on each side of
the hydraulic public property.
Any funds owner or user is subject to constraints concerning the
installation by the administration of signal means, of water measurement and
The fulfillment of works on the entailed lands of constraints must be
notified in writing to the persons exploiting those lands.
Any funds owner or user allocated by the constraints, object of the
present title, is expected to abstain from any harmful act on the object for
which the constraint has been established.
The contestations which may lead to the establishment and the
execution of public utility constraints as well as the fixing compensation due
to this occasion, are judged as a matter of expropriation for a public utility
Any physical person and any legal entity of public or private law
owning a concession benefits of waters toll, whatever their nature, by
underground pipe in the intermediary funds. This toll is carried out under the
most rational and the less damageable conditions, chargeable to a just and prior
The intermediary owners or users, allotted by the constraint drawn up
at the above-mentioned Article 40, have the right to benefit of works done as
the aforesaid constraint for waters flow entering and outgoing from their funds.
In this case, they support:
-a proportional part of the value of works they profit from,
-the modifications resulting expenses that this exercising right renders
-in the future, a contributive part for the common works maintenance.
Any owner or user, who wants to make use of superficial waters that
are at his disposal, has the right to resting on the opposite resident property
the necessary works for his water taking, chargeable to a just and prior
compensation. This constraint does not concern buildings and enclosure yards
adjoined to houses.
The resident of the funds on which the backing is claimed may request
the work s common use, by contributing in half to the establishment and
In this case, no compensation is respectively due. When this common work is
claimed after the works starting or completion, the resident who is requesting
it must support, by himself, the expense excess coming from the work s changes.
The owner of an inferior fund is obliged to host on his fund the
naturally flowing waters of the superior fund, i.e. rain-waters, snow-waters and
non-harnessing spring waters.
Any must establish the roofs of his constructions in such a way so
that the raining waters flow on his land or on the public artery. He may not let
them pour on his neighbor s fund.
The houses liquid wastes and the agricultural lands of the draining
and sanitation waters may be brought to the collecting works under the same
conditions and reserves than those concerning the bringing of waters stated in
Article 40 of the present decree.
Any owner who, at the time of underground or sounding works springs
up waters from his fund, has the crossing right on the inferior funds properties
following the most rational and the less damageable sketching. The inferior
funds owners are entitled to compensation in case of damage resulting from these
The public administrative units, the public institutions and the
public sectors users which undertake hydraulic works designed for supplying
water to the population, agriculture and industry, as well as to the liquid
wastes evacuation or drainage, may benefit from implementation constraints of
underground pipes or in the open, according to the case. The establishment of
this constraint entitles for compensation of all the caused prejudices.
A constraint is set up, in favor of the public administrative units,
the public institutions and the public sectors users which carry out
public-interest hydraulic infrastructures, granting them a land use right of
non-built private lands, necessary for the execution of hydraulic planning such
as the establishment of works of retention or water-taking, the side lands
submersion by raising the expanses of water or the construction of dams. The
establishment of this constraint entitles for compensation of all the caused
The consumption of water, in the sense of the current law, means the
water intended for:
-drinking and for domestic uses,
-the manufacturing of sparkling drinks, mineral waters and ice,
-the preparation and conservation of food products and commodities.
Any physical or legal entity in charge of providing water for consumption is
obliged to guarantee its being drinkable.
Water is drinkable when it is not liable to harm the consumers
health. It must not contain, in harmful quantities, chemical substances, nor
noxious germs to health.
The drinkability conditions and norms are fixed by regulatory channels.
The sampling places and the control processing periodicity employed at the level
of production, adduction stocking, treatment and distribution works of waters
for consumption are fixed by the administration. The terms and methods of
analysis are fixed by regulatory channels.
The bacteriological, physical and chemical control of the distributed drinkable
water will be supplied by means of periodical analyses undertaken by
laboratories approved by the administration.
When the sampling sources of water consumption feature contamination or
pollution hazards, the competent administration requires the organizations in
charge of supplying the water distribution to implement appropriate on-going
means of control on the quality of water.
The methods and chemical products used for the treatment and correction of
consumption waters must be authorized by the administration.
The administration may, exceptionally, authorize the utilization of water whose
quality differs from the norms in force. The authorization fixes the conditions
for utilization and the protection measures to take.
Persons affected by transmissible diseases cannot exert in a water supplying
service designed for consumption. Any person exerting this activity must be
subjected to a periodical medical test whose prescriptions are fixed by the
The consumption standards, the conditions and technical standards in
the realization of drinkable water supply projects, and the exploitation and
maintenance facilities designed for the distribution of water consumption are
fixed by regulatory channels.
The owners and operators of farming lands located on an irrigated
zone are obliged to proceed intensive harnessing and optimal appreciation of the
The organization in charge of the management of an irrigated zone is
obliged to control the phreatic water level and to ensure that this level is
compatible with the soils rational exploitation. It also follows up the soils
evolution and the quality of irrigation waters through periodical analyses.
Any irrigator is obliged to see to used waters as not constituting a
spreading source of diseases, by notably avoiding the stagnation of water.
Notwithstanding the dispositions Articles 137 and 138 of the present
law, the use of raw liquid wastes for irrigation is prohibited.
The conditions and technical standards in the realization of
irrigation projects, the exploitation and maintenance facilities designed for
irrigation are fixed by regulatory channels.
The management of hydraulic infrastructures designed for irrigation
or drainage may be supplied by the farming lands operators grouped as an
irrigation and drainage cooperative society, with the assistance of the
technical services of the administration involved.
When the importance of hydraulic infrastructures designed for
irrigation and drainage is such that it does not make it possible to assign its
management to the specialized irrigation and drainage cooperative society,
irrigation zones named irrigation perimeters are created.
An irrigation perimeter is to be understood, in the sense of the present law, as
the set of areas delimited by a surround within which all the lands are likely
to be harnessing by irrigation as from a large hydraulic work.
The terms of the irrigation zones constitution, organization and
management are fixed by regulatory channels.
In the perimeters of irrigation, the limited landed restructuration
in place by land-reshaping, within the framework of an irrigation streams
cutting, is obligatory. The application terms of this restructuration are
defined by the law.
The land-shaping perimeter corresponds to the irrigated perimeter.
In the elaboration of the perimeter restructuration projects, the
contributions of each owner are calculated on the basis of the productivity
surface and value. The attributions are made by equivalence of the productivity
The land-shaping plan meets the technical terms allowing its
integration in the cadastral documentation, in accordance with the legislation
The conditions and terms of the land-shaping projects realization are
fixed by regulatory channels.
Any setting-up project or any extension of water consuming industrial
units must take into account the criterion of water sparing and the priorities
stated in the above-mentioned Article 12.
The industries are obliged to carry out the recycling of utilized
waters each time this recycling is technically and economically realizable.
The application modalities of the above-articles 73 and 74 will be
determined by regulatory channels.
The State carries out and maintains , on the hydrographic network,
the works of regularization , rectification, gauging, dyking up and reducing the
rise in the water level with a view to ensure the protection of the national
economy as well as the protection of persons and their possessions against the
risks of damages caused by waters.
In order to fight floods and lessen the harmful effects, the
administration has, against compensation, the right to proceed to:
-the modification or demolition of any work liable to obstruct the flow of
-the construction of dikes or any other work of protection.
The flooded areas, along a major bed mutation is fixed by regulatory
On the flooded areas, no plantation, no construction, no depot and,
in general, any work liable to obstruct the flow of waters or to restrict it,
may be realized without the administration authorization.
On the dikes of protection against floods, it is prohibited to:
-plough or plant trees,
-spread out any activity that could deteriorate the structure of works,
The administration elaborates a plan for the rise of the water level
expectation, and for fighting consecutive floods due to:
-an exceptional precipitation,
-a retention dyke breaking.
The conditions for putting into effect this plan are fixed by regulatory
The hydraulic works, whose failure may interfere with the population
security or cause prejudice to the population security or cause prejudice to the
national economy, are subject to a periodical control.
The conditions and technical terms for surveys, realization, control,
exploitation and maintenance of works of mobilization are fixed by regulatory
The towns draining aims at ensuring a quick evaluation, with no
stagnation, of the industrial and domestic liquid wastes to arise nuisances and
those raining waters liable to submerge inhabited areas and this, in compatible
conditions with the public health and environment requirements.
In built-up areas, the branching to the sewer of any house or any
establishment discharging liquid wastes is obligatory.
In scattered habitat zones or in centers which do not have at their
disposal a collective draining system, the evacuation of liquid wastes must be
carried out by means of an individual evacuation installation approved by the
Any individual draining system must be out of order to serve or to
create nuisances as soon as a collective network of liquid wastes evacuation is
The connection to the public network residual waters draining, other
than domestic, is subject to the administration prior authorization.
The pre-processing of residual waters, before being discharged as in
the case where, in a raw state, they may hit the effective working of both the
draining public network and the purification installations, is obligatory.
It is prohibited to insert in the draining installations any strong,
liquid or sparkling material liable to hurt the exploitation personnel health or
cause degradation or hindrance in the functioning of the processing and
The realization conditions and terms of the draining, exploitation
and maintenance projects, for the liquid wastes and processing installations,
are fixed by regulatory channels.
The soils protection and preservation require the realization of
draining and drainage works to fight:
-the prolonged submersion of farming lands,
-the salinesation of farming lands,
-the level recovery of the phreatic waters on cultivated lands,
-the erosion of soils.
The terms of application of the first above-indented line will be determined by
Fighting the erosion of soils requires the realization by the
operator, at whatever capacity he intervenes, with the assistance of the
concerned administration, of works on the lands he is responsible for.
It is prohibited to undertake works that may cause the erosion of
soils, especially the cultivating manners.
The drainage basins pouring at the upstream dams sites, whether tanks
or projected, are subject to reforestation by the concerned administration.
In conformity with the provisions of Title 3, Chapter 2 of the law
83-03 on 3 February 1983, relating to the protection of the environment, waters
must be protected against any form of pollution.
The protection of the water resource is appreciated in qualitative
and quantitative terms.
Pollution is understood as a noxious modification of waters
properties, produced directly or indirectly by human activities, making unfit
for the normal established use.
It is prohibited to evacuate, throw or inject in the hydraulic public
property funds any material of any kind and, particularly, any kind of liquid
wastes such as the urban and industrial liquid wastes containing solid, liquid
or sparkling substances, pathogenic agents, in quantity and in toxic
concentration liable to harm public health and the wildlife and flora economic
Any tipping or immersion, in the hydraulic public property, of
materials that do not show the risks specified in the above-mentioned Article
99, is subject to concession for hydraulic public property utilization, named
authorization for tipping.
The authorization for tipping is refused particularly when the tipped
materials are harmful:
-to the capacity of the waters natural regeneration,
-to the requirements of receptive waters utilization,
-to the public health protection,
-to the wildlife and flora protection,
-to the waters normal flow,
Any establishment, and in particular any industrial unit that
discharges pollutants, must expect installations of purification.
The owners of the purification installations must comply with the
above-mentioned Article 96.
Any depot, scattering or pulverization of materials liable to pollute
the hydraulic public property is prohibited.
The abandonment of animal corpses in the hydraulic public property is
The terms of realization for the inventory of the oueds state of
pollution are determined in conformity with the 37 and 38 Articles of the law
83-03 on 3 February 1983 relating to the protection of the environment.
The water resources liable to be polluted are subject to periodical
controls of their physical, chemical, biological and bacteriological
characteristics. The terms in which these controls are undertaken are fixed by
When the waters pollution jeopardizes public health or causes
prejudice to the national economy, the administration decides the stopping of
the responsible functioning unit, until this pollution disappears.
Any water supplying work, of administrative usage, designed for human
consumption must be protected against any accidental or voluntary cause liable
to deteriorate the water quality.
The perimeter of protection is understood, in the sense of the
present law, as a contour delimiting the geographical property within which is
prohibited or regulated any activity liable to harm the qualitative conservation
of waters resources.
Activities that could be subject to prohibition or regulations within
the perimeters of protection concern in particular:
-the execution of wells or drillings,
-the exploiting of quarries,
-the installation of hydrocarbon pipes, tanks and depots,
-the installation of any kind of liquid wastes pipes,
-the establishment of any constructions,
-the scattering of dung, fertilizers and all products intended for the soils
fertilization and the cultivations protection,
-the rubbish dumps, refuses, rubbish, radio-active products, and in general, any
product or material liable to adulterate the water quality.
Must be subject to a qualitative protection:
-the harnessing from sources, wells or drillings
-the stocking tanks,
-the vulnerable parts of the underground sheets,
-certain water sections.
Must be subject to a quantitative protection:
-the overexploited sheets or those threatened of being so,
-the sections of water stream for which it is necessary to take care of a
It is instituted, around the sampling points, the perimeters of
qualitative protection specified in Article 43 of the law 83-03 on 3 February
1983 relating to the protection of the environment.
Perimeters of immediate or close protection on certain parts of water
flows intended for supplying drinkable water may be instituted.
Around the mobilization and retention works designed for supplying
drinkable water, it is instituted an immediate protection perimeter and a close
protection perimeter where are prohibited, in addition to the activities
mentioned in the above Article 111:
-the traffic of motor vehicles,
-the installation of fuel service-stations for distribution,
-any activity on the expanses of water, such as fishing, hunting, sailing,
washing and cleaning,
-any other activity liable to deteriorate the waters quality.
An immediate protection perimeter is instituted around buried or
half-buried tanks, for water processing or pumping designed for human
Any setting-up of an activity within the close or remote protection
perimeters is subject to a preliminary agreement with the administration.
It is instituted, within the zones where underground waters resources
are overexploited or threatened to being so, quantitative protection perimeters
-are prohibited any realizations of wells tearing works or drilling or any
modification in the existing installations designed for increasing the sample
-are subject to authorization the replacement works for the re-arrangement of
existing hydraulic installations without increasing the sample water volumes.
In the zones where the resources of underground waters are
overexploited, and with a view to ensure their conservation, the administration
may proceed to limiting the exploitation flows or to putting out of order a
certain number of sampling points.
Within the perimeters of quantitative protection, the water counting
The perimeters of protection are fixed, in each case, by the
competent administration, in conformity the legislation in force.
Within the perimeters of protection, the administration is entitled
to undertake, at any time and place, any observation measure and control
designed for following up the qualitative and quantitative evolution of water
Compensations, due to the owners of lands included inside the
protection perimeters, are fixed according to the applicable rules of the
expropriation matter for a public utility cause.
The mobilization and utilization actions of the water resource are
realized within a planned framework.
The mobilization and utilization planning of water resources is based
notably on the statistical data provided by the hydraulic cadastre and the
hydraulic balance as defined in the present title.
The hydraulic cadastre is constituted of the basic data inventory
relating to water resources, to their utilization and to the existing hydraulic
The hydraulic balance redraws the confrontation between the water
resources and their different needs.
The elaboration terms and the cadastre and hydraulic balances
updating are fixed by regulatory channels.
The national territory is divided into natural hydrographic units
called hydrographic basins. The qualitative and quantitative conservation of
water resources is conceived and ensured at the hydrographic basin scale. The
hydrographic basins denomination and delimitation are fixed by regulatory
In the sense of the present law, by non-conventional waters resources
-briny waters and sea-waters having been subject to a partial or total
demineralization with a view to its utilization,
-liquid wastes having been subject to a purification processing allowing their
The demineralization of briny water or sea-water is understood as a
technique allowing the partial or total elimination of dissolved salts in water.
The demineralization recourse of briny waters or sea-waters as water
supplying sources is carried out in the case either of natural waters resources
scarcity or their availability to a non-adapted level quality which is expected.
In the case of the population water supply, the demineralization may
be used to make the quality of water consumption compatible with the
In the industrial field, demineralization may be used in the cases
where a completely demineralised water or with a low grade of dissolved salt,
constitutes a technological process requirement.
The water resources availability in quality and quantity adapted to
its expected utilization excludes any recourse to demineralization of briny
water or sea-water.
The purified liquid wastes may be used, either for certain needs of
the industrial sector, or for the irrigation needs of certain cultures in the
agricultural sector. The utilization of liquid wastes, even the purified ones,
for the irrigation of mixed salad is prohibited.
The irrigation of cultures, other than those mentioned in the second
paragraph of the above Article 137, by means of liquid wastes, even the purified
ones, must be subject to an authorization from the concerned administration.
A decree will determine the terms and conditions of the authorization delivery.
The due royalties owing to use against payment of the hydraulic
public property are fixed by the law.
The tariff of waters is, according to the sectors of activities,
fixed by regulatory channels. It is selective depending on usages and
progressive depending on the sampled quantities of water.
In the case of the drinkable waters supply the tariff takes into
account the expenses involved by the draining services in conformity with the
legislation in force.
The violation of the present law provisions commits the author s
civil and penal liability.
Apart from the criminal investigation police officers and agents, the
engineers, senior technicians, technicians, techniques assistant, specialized
techniques agents and the hydraulic techniques agents are entitled to seek and
ascertain the offences to the provisions of the present law.
A decree will define the application terms of the present article.
Any hydraulic public property utilization, with no authorization from
the administration, is punished by a one (1) month to six (6) months
imprisonment and by a 500 to 5000 Algerian Dinars fine or by only one of these
Any offence to the present law provisions of Articles 63, 137 and 138
is punished by a two (2) months to two (2) years imprisonment and by a 2000 to
200,000 Algerian Dinars fine or by only one of these penalties
An operation made following a forged declaration is an offence
punished according to the provisions of the penal code article 223.
The stealing of agricultural or industrial drinkable water is an
offence punished by penalties provided in the penal code article 350.
Whoever undertakes works liable to cause the erosion of soils is
fined by a penalty equal to the tenth of the works value.
Whoever voluntarily destroys hydraulic installations is punished by
penalties provided in the penal code article 406
Whoever in charge of seeing to maintenance, inspection, security, the
resources and the hydraulic installations control, causes prejudice when he
abstains from meeting his duties, and is punished in conformity with the
provisions of the penal code article 421
Whoever pours deposits or injects substances liable to harm the
quality of water consumption, as defined in Article 50 of the present law,
incurs penalties provided in the penal code articles 432 and 441 A
Offences to the provisions of Chapters I and II under Title VI are
punished in conformity with the provisions of articles 58, 59, 60, 61 and 62 of
the law relating to the protection of the environment.
Whoever places or abandons, with no authorization in the water flows
or sources, materials or any other objects that could congest, without causing
prejudice to persons, animals or to the environment , is punished by a 500 to
2000 Algerian Dinars fine and from ten (10) days to one (1) month imprisonment
or by only one of these two penalties.
Whoever undertakes activities that could damage the structure of
works or circulates animals on the dikes of protection against floods is
punished in conformity with the provisions of the penal code article 444.
The responsibility personnel fact of civil servants or public
establishments employees, holding a concession on the hydraulic public property,
is retained since they had participated, through their actions or omissions, to
an offence provided by the present law. Notwithstanding the penalties provided
in the penal code article 421, the author of the offence incurs a double
Whoever puts the agents in charge of the hydraulic public property
police, referred to in the above-mentioned Article 143, in the impossibility to
do their duties or has put an obstacle, is punished in conformity with the
provisions of the penal code articles 183 and followings.
When an offence to the prescriptions of the present law and to the
subsequent texts concerning its application causes damage to public property or
to third parties , the offender is fined, besides the penalties provided by the
present law and its subsequent texts, to the repairing expenses of the caused
The present law will be published in the Official Journal of the
Democratic and Popular Republic of Algeria.
Done in Algiers, 16 July 1983